The Commission´s Posting Package (2012:8epa)

In March 2012, the European Commission presented two legislative proposals in the field of posting of workers, which constitute a response to the intense debate following the CJEU’s rulings in the Laval quartet.

The first proposal, the Monti II-Regulation, attempts to clarify the relationship between the right to take collective action and the economic freedoms, while the second one, the Enforcement Directive, aims at improving the enforcement of the Posting of Workers Directive, through equally ensuring workers’ rights and enhancing cross-border services by reducing employers’ administrative burdens.

In this analysis, Jonas Malmberg and Caroline Johansson evaluate these two proposals, examine their potential implications and suggest alternative approaches.
The analysis is published in the context of the SIEPS research programme The future single market.

Jonas Malmberg, Professor of private law, particularly labour law, Uppsala University and Uppsala Center for Labor Studies. Caroline Johansson, LLM, Research assistant, Uppsala University and Uppsala Center for Labor Studies.